BEFORE THE ADMINISTRATIVE HEARING COMMISSION STATE OF MISSOURI - MISSOURI STATE DEPARTMENT OF PUBLIC SAFETY, Mark James, Director, PO. Box 749 Jefferson City, Missouri 65102 (573)751-4905 Case No. 08- 6/ PO v. EDDIE C. BOYD Petitioner, 5458 N. Euclid Avenue St. Louis, MO 63115 Respondent. COMPLAINT FOR DISCIPLINE OF PEACE OFFICER LICENSE COMES NOW the Director of the Department of Public Safety, by and through Assistant Attorney General Christopher R. Fehr, and for his petition for peace of?cer discipline states: 1. The petitioner is the Director of the Department of Public Safety who has the authority to issue, suspend or revoke peace officer licenses as outlined in Chapter 590 of the Revised Statutes of Missouri and the Rules and Regulations of the Director of the Department of Public Safety. 2. Petitioner's of?ce is located in the City of Jefferson, Cole County, Missouri. 3. Respondent is licensed as a peace of?cer by the Department of Public Safety, and the license number is his social security number. This license is current and active and was so at all times relevant herein. Exhibit 1. 4. Section 590.080.2 provides that the petitioner has knowledge of cause to discipline a peace of?cer he may ?le a complaint with the Administrative Hearing Commission as provided by Chapter 621 5. Section 590.080 provides the following: 1. The director shall have cause to discipline any peace of?cer licensee who: (2) Has committed any criminal offense, whether or not a criminal charge has been ?led; and (3) Has committed any act while on active duty or under color of law that involves moral turpitude or a reckless disregard for the safety of the public or any person. 6. On or about April 12, 2006, Respondent struck .T. (a juvenile) in the face without justi?cation. This conduct violated 7. On or about April 26, 20.07, Respondent struck CD. (a juvenile) in the face without justi?cation and falsi?ed his police report regarding the incident. This conduct violated 8. Respondent?s conduct as set forth in paragraphs 6 and 7 violates 590.080.1(2) 9. As used in 590.0801 the phrase "committed any criminal act? includes a person who has pleaded guilty to, been found guilty of, or been convicted of any criminal offense and the Director has cause to discipline any peace of?cer who has pleaded guilty to, been found guilty of, or been convicted of any criminal offense10. The license of respondent should be disciplined based on his violation of 590.080.1(2) 1 1. By the attached letter, marked as Exhibit 2, the petitioner noti?ed respondent of this action to seek discipline of respondent as a peace of?cer. 12. Pursuant to Chapter 621 and 590.080 this Commission has jurisdiction to receive this complaint and determine whether cause exists for the petitioner to discipline respondent's peace of?cer certi?cation. WHEREFORE, the director prays that this Commission ?nd that respondent's peace of?cer certi?cation is subject to discipline. Respectfully submitted, JEREMIAH W. (JAY) NIXON ttorney General ISTOPHER R. FEHR sistant Attorney General Missouri Bar No. 51022 P. O. Box 899 Jefferson City, MO 65102 Telephone: (573) 751-8823 Facsimile: (573) 751-2096 Attorneys for Petitioner Truman Building, Room 870 MATT BLUNT Mailing Address: PO. Box 749 Governor Jefferson City, MO 65102.-0749 Telephone: 573?751-4905 MARK JAMES FAX: 573-751-5399 Director Internet Address: gov STATE OF MISSOURI DEPARTMENT OF PUBLIC SAFETY OFFICE OF THE DIRECTOR November 38. 3007 Mr. Christopher R. Fehr Attorney General?s Of?ce Jefferson City, MO 65102 Dear Mr. Fehr: This correspondence is in reference to the peace of?cer license of Eddie C. Boyd Our records indicate Eddie C. Boyd is the holder of a valid Class A Peace Of?cer License, which allows him to be commissioned as a peace of?cer by a county or municipal law enforcement agency anywhere in the State of Missouri. Pursuant to 590. I 80.2 all other records are closed. Please note: 590.1801 states, ?No arrest shall be deemed unlawful solely because of the licensure status of a peace of?cer, and evidence on the question cannot be received in any civil or criminal case." Sincerely, Nona Snodgrass Investigator POST Program Subscribed and sworn to before me this 28"1 day of November. 2007. STATE OF MISSOURI COUNTY OF Cole My Commission Expires: 3/ ota Public LOIS A. ALEXANDER Not rustic -- Notary Seal if". 0F MISSOURI Cole was: Jan. 4, 2008 My Com? EXHIBIT 1 Truman Building, Room 870 Mailing Address: Po. Box 749 Jefferson City, MO 65102-0749 Telephone: 573-751-4905 MARK JAMES FAX: 573-751-5399 Director Internet Address: gov STATE OF MISSOURI DEPARTMENT OF PUBLIC SAFETY OFFICE OF THE DIRECTOR December 20, 2007 Mr. Eddie C. Boyd Ill 5458 N. Euclid Avenue St. Louis, MO 63115 Dear Mr. Boyd: After careful review of the materials and information provided to me, I have determined that your license as a peace of?cer is subject to discipline. The speci?c reasons are: Has committed any criminal offense, whether or not a criminal charge has been ?led; and 590.080. 1 (3), Has committed any act while on active duty or under color of law that involves moral turpitude or a reckless disregard for the safety of the public or any person; and Has violated a provision of this chapter or a rule promulgated {karma to this chapter; and 'l 1 CSR 75-1 3.090(3) (C) Has pleaded guilty to, been found guilty of, or been convicted of a criminal offense, whether or not a sentence has been imposed. Pursuant to Section 590.030.2, I have refer-red this matter to the Of?ce of the Attorney General for a complaint to be ?led with the Administrative Hearing Commission seeking discipline of your license as a peace of?cer. For additional information on the complaint that has been ?led, the Administrative Hearing Commission may be contacted at (573) 751?2422. EXHIBIT 2